Talk to a Disability Attorney

Question:

I have decided to appeal the denial of my disability claim. How long will the social security disability appeals process take?

Answer:

The
Social Security disability appeals process often takes a long time,
from several months to well over a year, depending on how far you have
to go up the appeals chain. There are four levels of appeals in SSI and
SSDI cases:

• Reconsideration
– When the Social Security Administration (SSA) mails you the first
written determination of your eligibility (called the initial
determination), you can ask the SSA for a reconsideration of the
decision.

• Administrative
Law Judge (ALJ) Hearing – If you disagree with the reconsideration
decision, you can request a hearing before an ALJ.

• Appeals Council Review – If you disagree with the ALJ’s decision, you can request an Appeals Council review.

• Federal
Court – If you disagree with the decision of the Appeals Council, you
can file a civil action with the appropriate federal District Court.

Although
the length of the disability appeals process depends on many things,
including your geographic location and how busy the local SSA office is,
the following are the average lengths of time for each step in the
disability claim process:

• Initial approval or denial: 3-5 months

• Reconsideration: 3-6 months

• ALJ hearing: one year

• Appeals Council decision: one year

• A
decision from the District Court: This depends entirely on each
district, but it will most likely take several months at the least.